HomeMy WebLinkAboutRESOLUTIONS - 06121990 - 90/4057.
In the Board of Supervisors
of
Contra Costa County, State of California
June 1219 90
RESOLUTION NO. 90/405
RESOLUTION OF APPLICATION TO THE CONTRA COSTA COUNTY
LOCAL AGENCY FORxRTION CONILISSION FOR A REORGANIZATION
The Board of Supervisors of the County of Contra Costa,
acting as the governing board of the Tassajara Fire Protection
District, hereby requests that the Local Agency Formation
Commission of Contra Costa County approve a reorganization
consisting of the annexation of all territory of the Tassajara
Fire Protection District to the San Ramon Valley Fire Protection
District and the simultaneous dissolution of the Tassajara Fire
Protection District, in accordance with the following: .
1 . This proposal is made pursuant to the Cortese-Knox Act,
Government Code section 56000 et seq.
2. The nature of this proposal is a reorganization
consisting of the annexation of the entire territory of the
Tassajara Fire Protection District to the San Ramon Valley Fire
Protection District and the simultaneous dissolution of . the
Tassajara Fire Protection District. It is contemplated that the
provision of all fire protection services will be assumed
throughout the annexed territory by the San Ramon Valley Fire.
Protection District and that the Tassajara Fire Protection
District will cease operations and cease to exist..
3. The boundaries of the territory to be reorganized are set
forth in Exhibit A..
4 .. The terms and conditions proposed for the reorganization
are as follows:.
a. All equipment and other personal property, all real
property, and all records, funding, rights, liabilities and
assets, whether tangible or intangible, shall be transferred from
the Tassajara Fire Protection District and become the property,
rights and obligations of the San Ramon Valley Fire Protection
District. The Board of Supervisors and the Governing Board of
the San Ramon Valley Fire Protection District shall take whatever
measures may be necessary to effect these transfers .
b. The Chief of the Tassajara Fire Protection District,
or one of his Assistant Chiefs, is to be employed on a full time
basis with the San Ramon Valley Fire Protection District in the
classification of Fire Officer Exempt which is equivalent to the
position of Captain. This position will be a management position
whose primary job will be to organize, train and supervise the
volunteer program. A senior volunteer officer will be continue
at Station 37 and shall be compensated commensurate with his
responsibilities. .
c. All. fire fighting apparatus currently assigned to
stations in the Tassajara Fire Protection District shall remain
at such stations unless future fire fighting requirements justify
RESOLUTION NO. 90/405
their reassignment, as determined by the Governing Board of the t
San Ramon Valley Fire Protection District.
d. Upon the effective date of the reorganization, the
Board of- Directors of the San Ramon Valley Fire Protection
District shall create an Advisory Committee which shall consist
of those persons who served as Fire Commissioners of the
Tassajara Fire Protection District immediately prior to the
effective date of said annexation. The Advisory Committee shall
advise and make recommendations to the Governing Board of the San
Ramon Valley Fire Protection District concerning its operation.
The Advisory Committee shall continue to operate until the
November 1991, election at which time the question of its
continued existence shall be reviewed. Should any member of the
Advisory Committee resign or cease serving on the Advisory
Committee, said vacancy shall not be filled. Should any member
of the Governing. Board of the San Ramon Valley Fire Protection
District resign, he may serve on the Advisory Committee only in
the event that his vacancy on the Board of Directors is filled by
an individual serving on the Advisory Committee. The Advisory
Committee shall recommend fire protection services and
facilities, such as suitable meeting and drill space for the
volunteers of the area.
e. Station 36 is to be rebuilt or remodeled at its
current location at 6100 Camino Tassajara Road, and paid
personnel are to be added during the next fiscal year (1990-91 ) .
The Tassajara Fire, Volunteer/Reserve program is to be retained
and strengthened.,
f. The two full-time paid firefighters of the Tassajara
Fire. Protection District shall become employees of the
reorganized district as entry level firefighters provided they
meet all necessary professional and physical standards and
subject to a one year probationary period.
g. The San Ramon Valley Fire Protection District
maintenance of the Tassajara Schoolhouse shall continue at the
present level, until such time as the County of Contra Costa and
the local residents might make other arrangements .
h. Station 37, on top of Morgan Territory, is to be
provided with a new heavy duty patrol/engine. Further,
discussions are to be held with the Advisory Committee and
volunteers of the area on the feasibility of updating fire
facilities and equipment with emphasis on finding suitable
meeting and drill space for area volunteers .
5. The reason for this proposal is to allow the provision
of better and more. economic fire protection services to the area
of the Tassajara Fire Protection District, along with the
attendant benefits of economies of scale to the entire San Ramon
Valley Fire Protection District.
2-
RESOLUTION NO. 90/405
I
6 . The proposal is consistent with the present sphere of
influence of the San Ramon Valley Fire Protection District and
the present sphere of influence of the Tassajara Fire Protection
District because this proposal is for a transfer of territory
from one fire protection district to another with approval of the
Governing Boards of both districts .
7 . The persons to be informed as to any notice of
proceedings and to receive copies of any reports of the Executive
Officer are:
Phil Batchelor, County Administrator
Attn: Terry McGraw
651 Pine Street, 8th Floor
Martinez, CA 94553
Chief Mel Deardorff
San Ramon Valley Fire Protection District
800 San Ramon Valley Blvd.
Danville, CA 94526
Chief Steve 'Eppler
Tassajara 'Fire Protection District
6150 Camino Tassajara
Pleasanton, CA 94566
8 . It is hereby requested that, pursuant to the Cortese-
Knox Act, proceedings be taken for the aforenoted reorganization.
Passed and adopted on June 12, 1990 by the following vote:
AYES: Supervisors Powers, Schroder, McPeak, Torlakson. and Fanden
NOES: None
ABSENT: None
ABSTAIN: None
I hereby certify that this Is.&true and Correct copy of
an action taken and entered on the minutes of the
Board of SupeMe on the data dom
ATTESTED: 1 Z . / 9 9 D
PHIL BAT OR,Clerk of the Board
c c: County Administrator of Supe and County Administrator
LAFCO
County Counsel By Dept,
San Ramon FPD
Tassajara FPD
3-
RESOLUTION NO. 90/405 .
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1.72 b
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Order on June 12, 1990 by the following vote:
AYES: Supervisors Powers, Schroder, McPeak, Torlakson and Fanden
NOES: None
ABSENT: None
ABSTAIN: None
SUBJECT: Property Tax Exchange Agreement with the San Ramon Valley
Fire Protection District re Annexation of Tassajara Fire
Protection District
The Board had before it this day a Property Tax Exchange
Agreement with the San Ramon Valley Fire. Protection District relating
to the annexation of the Tassajara Fire Protection District to the San
Ramon Valley Fire Protection District.
Good cause appearing therefore, IT IS BY THE BOARD ORDERED
that the aforesaid Property Tax Agreement is APPROVED, and the Chair
is AUTHORIZED to execute same.
I hereoy certify that this is a true and correct copy of
an action taken and entered on the minutes of the
Board of Supervisors on the date shown.
ATTESTED: -d
cc: County Administrator PHIL BAT ELOR,Clerk of the Board
County Counsel of8upervi raand CountyAdministrator
LAFCO
Auditor By Deputy
ADOPTION OF PROPERTY TAX EXCHANGE AGREEMENT
The Board of Supervisors of Contra Costa County and the
Governing Board of the San Ramon Valley Fire Protection District
agree as follows:
Whereas, the Board of Supervisors of the Contra .Costa County,
acting as the Governing Board of the Tassajara Fire Protection
District has agreed that the property, services, personnel rights
and obligations of the Tassajara Fire Protection District be
assumed by the San Ramon Valley Fire Protection District and that
the territory of the Tassajara Fire Protection District be annexed
to the San Ramon Valley Fire Protection District and that the
Tassajara Fire Protection District simultaneously be dissolved.
Whereas, the Governing Board. of the San Ramon Valley Fire
Protection District has agreed that the property, services,
personnel, rights and obligations of the Tassajara Fire Protection
District be assumed by the San Ramon Valley Fire Protection
District and that the territory of the Tassajara Fire Protection
District be annexed . to the San Ramon .Valley Fire Protection
District and that the Tassajara Fire. Protection District
simultaneously be dissolved.
Whereas, it is contemplated that the Tassajara Fire Protection
District shall incur no obligations or expenses after the effective
date of the aforesaid annexation.
Now, therefore, the Board of Supervisors hereby agrees that
100% of the property taxes accruing to the Tassajara Fire
Protection District shall be transferred to the San Ramon Valley
Fire Protection District upon and after the effective date of the
annexation of the territory of the Tassajara Fire Protection
District to the San Ramon Valley Fire Protection District or upon
and after the effective date of any reorganization which includes
said annexation. This transfer shall include the present
appropriations limit applicable to Tassajara Fire Protection
District pursuant to Article 13B, Section Four of the California
Constitution. The revenues accruing to other agencies in the
subject territory shall not be affected by this property tax
transfer.
BOARD OF SUPERVISORS SAN RAMON VALLEY FIRE
CONTRA COSTA COUNTY PROTECTION DISTRICT q, 4 :/` .
BY• BY• C/ c -C ----- -
Dated: JUN 2 1990 Dated: i
1.72 c
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Order on June 12, 1990 by the following vote:
AYES: Supervisors Ponders, Schroder, H cPeak, Torlakson and Fanden
NOBS: done
ABSENT:Pone
ABSTAIN: None
SUBJECT: In the Matter of the Agreement:
Between the San Ramon Valley Fire )
Protection District and the Board )
of Supervisors Regarding the RESOLUTION NO. 90/ 4.11
Reorganization of the Tassajara )
Fire Protection District
WHEREAS, the Governing Board of the San Ramon Valley Fire Protection District
and the Board of Supervisors of Contra Costa County have applied to the Local Agency
Formation Commission for a reorganization consisting of the annexation of all
territory of the Tassajara Fire Protection District to the San Ramon Valley Fire
Protection District and the simultaneous dissolution of the Tassajara Fire Protection
District; and
WHEREAS, the Fire District and the County have negotiated an agreement in
connection with the above reorganization which deals with issues related to the case
of American River Fire Protection District, et al versus the Board of Supervisors of
Sacramento County, et al; and
WHEREAS, the terms of the agreement are outlined in the attached Resolution No.
90-5 adopted by the governing board of the San Ramon Valley Fire Protection District
on June 7, 1990.
NOW, THEREFORE, BE IT RESOLVED THAT THE BOARD OF SUPERVISORS OF CONTRA COSTA
COUNTY HEREBY AGREES to the terms of the agreement dealing with the American River
Fire Protection District lawsuit as described in the San Ramon Valley Fire Protection
District Resolution No. 90-5.
I hereby certify that this is a true and
correct copy of an action taken and entered
on the minutes of the Board of Supervisors on
the date shown.
ATTESTED:June 12, 1990
Phil Batchelor, Clerk of the Board of
Supervisors and County Administrator
By _ Deputy
cc: County Administrator
County Counsel
San Ramon Valley Fire Protection District
Tassajara Fire Protection District
RESOLUTION NO. 90/411
J
RESOLUTION NO. 90-5
RESOLUTION OF AGREEMENT
The Governing Board of the San Ramon Valley Fire Protection
District (hereafter "District") and the Board of Supervisors of
Contra Costa County (hereafter "County") , acting both as the
Governing Board of the Tassajara Fire Protection District and the
Board of Supervisors of Contra Costa County, by this Resolution
agree as follows:
1. In consideration of County's promises in Paragraph 2 of this
Resolution of Agreement, the Governing Board of the San Ramon
Valley Fire Protection District agrees that, notwithstanding the
case of American River Fire Protection District, et al. v. Board of
Supervisors of Sacramento County, et al. (1989) 211 Cal.App. 3d
1076, or any case with the same or substantially the same holding:
a. Unless a court order or legislation provides otherwise in
accordance with this Agreement, District will continue to . make
contributions to the Special District Augmentation Fund (SDAF) for
the 1990-91 and subsequent fiscal years.
b. District will not seek to recover and will not accept any
refund of any SDAF contributions made for any year prior to the
1990-91 fiscal year.
C. Until January 1, 1992 , which is the time at which
legislation passed during the 1991-92 Regular Session of the
California Legislation will become effective, District will not
file, either directly or indirectly, any legal action to attempt to
recover for the District or avoid the District's making any SDAF
contributions for the 1990-91 or subsequent fiscal year. The
intent of this provision is to allow time for a legislative
resolution of issues regarding the SDAF, including (but not limited
to) the issues raised by the case of American River Fire Protection
District, et al. v. Board of Supervisors of Sacramento County, et
al. (1989) 211 Cal.App. 3d 1076, or any case with the same or
substantially the same holding.
d. If, after January 1, 1992 , any legal action is filed by
which the District attempts to recover for the District or avoid
the District's making any SDAF contributions for the 1990-91 or
subsequent fiscal years, the parties will not in any way base said
action upon the annexation of the territory of the Tassajara Fire
Protection District to the San Ramon Valley Fire Protection
District or upon any dissolution of the Tassajara Fire Protection
District or any reorganization involving such an annexation and
dissolution and the parties will not attempt to introduce or
contest in any such action this Resolution of Agreement or any
documents or other evidence relating to the aforesaid annexation,
dissolution or reorganization or introduce in any such action any
legislative proposal that has not been signed into law. The intent
of this provision .is to forever waive any rights the District may
have or obtain regarding SDAF contributions solely and only as a
result of annexation of the territory of the Tassajara Fire
Protection District by the San Ramon Valley Fire Protection
District or any dissolution of the Tassajara Fire Protection
District or any reorganization consisting of such annexation and
dissolution and to insure that attempts to resolve SDAF issues
legislatively are not inhibited.
2. In consideration of the District's promises in Paragraph 1 of
this Resolution of Agreement, the Board of Supervisors of Contra
Costa County agrees that:
a. County will cooperate in concurrently seeking annexation
of the territory of the Tassajara Fire Protection District to the
San Ramon Valley Fire Protection District and dissolution of the
Tassajara Fire Protection District through the Local Agency
Formation Commission.
b. County will agree in the Property Tax Exchange Agreement
for such annexation that 100% of the property taxes accruing to the
Tassajara Fire Protection District shall be transferred to the San
Ramon Valley Fire Protection District upon and after the effective
date of the annexation of the territory of the Tassajara Fire
Protection District to the San Ramon Valley Fire Protection
District. The transfer shall include the present Appropriations
Limit applicable to Tassajara Fire Protection District pursuant to
Article 13B Section Four of the California Constitution.
C. During the period from the execution of this Agreement to
January 1, 1992 , in consideration of the District agreeing not to
file litigation during that period, any statute of limitations is
tolled for the District. The County further waives any defenses,
including but not limited to, statutes of limitations and latches
which would become available to the County in any litigation filed
by the District after that date resulting from or based upon the
District's voluntary contractual abatement of its right to initiate
litigation during this period as herein set forth. All rights of
both parties are otherwise reserved during this period.
Passed and adopted on June 7, 1990, by the Board of Directors of
San Ramon Valley Fire Protection District by the following vote:
Ayes: Seabury, Blendow, Huovinen, Smith
Nays: 0
Abstain: 0
Absent: Sylvia
CERTIFIED A TRUE AND CORRECT COPY
Date: June 7, 1990 c 'G(, u' `
S RETARY TO BOARD OF DIRECTORS